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Terms and Conditions

U.S. Wine Association, Inc.
TERMS OF SERVICE

The following terms govern the US Wine Association Membership and the benefits available thereunder (the "USWA Service"). ALL PERSONS SUBSCRIBING TO THE USWA SERVICE ARE URGED TO READ THE TERMS OF SERVICE CAREFULLY AND IF THERE ARE ANY QUESTIONS TO CONTACT A USWA REPRESENTATIVE AT 646-461-6495 9 AM to 5 PM EST Monday-Friday.

1. Description of USWA Services. Each Member is entitled to receive discounts and other benefits on specified products and services offered by participating vendors ("Benefits"). a. All Benefits, including, without limitation, a then current listing of participating vendors, are included in the USWA Service membership package and accessible online at http://www.uswineassociation.com (the "Benefits Website"). To access Benefits or information related to Benefits or the USWA Service from the Benefits Website, a Member will be required to enter his or her USWA registered email address and password. b. All Benefits are subject to discontinuation, change, modification, improvement or substitution without notice and USWA makes no representations or warranties with respect to, and accepts no responsibility or liability for, out of date or erroneous information related thereto. c. The USWA Individual Membership fee includes $99.00 (non-refundable) payable for the Member's annual subscription to the Benefits Website. d. The USWA Corporate Membership includes $999.00 (non-refundable) payable for the Member's annual subscription to the Benefits Website. e. The USWA Individual and Corporate Membership is subject to a non-refundable 4% surcharge, which is for the purpose of paying the costs of credit card processing.

2. Membership Term; Renewals. A Member shall be entitled to all of the Benefits available to Members of the USWA Service for the ensuing twelve-month period under the annual plan, commencing on the date of acceptance of the Member's application for enrollment for each twelve-month period thereafter (the "Membership Term"). USWA reserves the right to change the terms and conditions of this Agreement at any time, and may cancel this Agreement or the USWA Service.

3. Electronic Disclosure and Consent. Your submission of an electronic application shall constitute your consent to receive any and all disclosures, notices and other communications including any notice that may be legally required to be provided to you regarding this Agreement, in electronic form. USWA will provide all future disclosures and notices by sending an alert to the electronic mail address that you have provided. Using the Benefits Website, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. At your request, USWA agrees to provide you with a paper copy of any amendments to this Agreement but USWA will charge you a processing fee and a shipping fee for such service. You may request paper copies of required notices by calling 646-461-6495. a. You have the right to withdraw this consent, but if you do USWA will immediately terminate this Agreement and/or the USWA Service. To withdraw your consent, please contact USWA by calling 646-461-6495. b. In order for you to access and retain this information, your system must meet the following requirements: (1) An PC or Macintosh compatible computer, (2) Internet Access, (3) An Internet browser such as Internet Explorer 4.0 or above, or another such equivalent Internet browser. In order for you to print or download disclosures you must have a printer connection from your PC or sufficient hard-drive space available to save the disclosures. If these software or hardware requirements change, USWA will provide you with prior notice of such change and the opportunity to withdraw your consent via electronic mail. Your submission of an online application shall constitute your acknowledgement that you have access to the software and hardware necessary to receive via electronic means these disclosures and notice of any changes to the software and hardware requirements. c. It is your responsibility to contact USWA immediately if your electronic or US postal mail address changes. You can contact USWA to inform USWA of such changes through the website.

4. USWA Service Fee; Renewal Fees. The current USWA Service membership fee (the "Service Fee") will be automatically billed to Member's designated credit card account or other authorized billing source (e.g., debit card) on an annual recurring basis as authorized upon enrollment. Any Member who uses a debit card as the designated credit card account acknowledges that USWA will not be responsible for any fees or penalties associated with insufficient funds, bounced checks or any other form of fee due to a charge of the Service Fee to a debit card provided by the Member. Unless Member notifies USWA that he or she does not wish to renew membership in the USWA Service pursuant to Section 4 of this Agreement, then USWA will automatically renew membership at the end of each Membership Term at the then-current annual membership fee as authorized upon enrollment and bill the then-current renewal Service Fee to the designated billing source.

5. Right to update Credit Card Account Information. If the credit card provided by Member to USWA has expired during an attempt to bill fees per section 4, USWA will revise the expiration date and proceed with billing using the same credit card account.

6. Disclaimer of Liability. Vendors. USWA shall have no liability in regard to any services provided, or to be provided, by any non-affiliated third party sponsor, affiliate or vendor ("Vendor"). All Vendors are independent contractors and not employees, partners or joint venture partners with USWA. USWA shall have no liability in regard to any Benefits provided, or to be provided, by any Vendor. You agree that claims with regard to services shall be made against the Vendor providing or performing such services and not USWA. Although USWA upon request by the member, will endeavor to intervene in conjunction with a member experiencing a problem or discrepancy with a Vendor, in the event any product or service purchased by a Member is canceled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the provider, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim.

7. USWA Member Representation and Obligations. Member represents and warrants that Member is at least 21 years of age. In return for the discounts and benefits available under the USWA Service, each Member acknowledges such Member's obligations to USWA as follows: (a) you have read the "Terms of Service" carefully, and understand the provisions of the USWA Service and the billing method for the payment of the annual Service Fee; (b) You may cancel your membership in the USWA Service at any time prior to the conclusion of the then current Membership Term and will not be entitled to a refund of the pro rata unused portion of the Service Fee, (c) the Membership Term will renew automatically effective the first day following the conclusion of the existing Membership Term unless you elect to cancel in accordance with this Agreement; (d) the benefits of membership in the USWA Service are not assignable without the express written consent of USWA and you will use your membership only for personal, non commercial use or for the benefit of your immediate family. For purposes of this Agreement, "Immediate Family" shall be limited to the Member, and his or her spouse and children residing in the same house. Except as provided in the case of Corporate memberships, your membership is non-transferable, non-assignable and non-voting. You agree not to share any proprietary information supplied you by the USWA including but not limited to coupon codes, discounts, incentives, and the like to any third party, individual, entity or institution. A violation of this provision will result in your forfeiture of membership in the USWA Service, potential legal action from USWA and its Members; and (e) USWA assumes no responsibility for the payment of or contribution to any use or sales tax on Benefits that may be imposed by any state or federal taxing authority and such taxes, to the extent imposed, shall remain the sole responsibility of the Member or the direct provider of the Benefits, as the case may be.

8. Governing Law; Arbitration. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of New York. Any dispute arising between you and USWA will be submitted to arbitration in the State of New York in accordance with the rules of the American Arbitration Association then in effect. Nothing herein stated shall deprive you of the benefits of your state's consumer protection laws.

9. Disclaimer of Warranties. USWA is not a merchant, manufacturer, or direct provider for many of the Benefits made available to Members. ACCORDINGLY AND UNLESS A VENDOR HAS AGREED OTHERWISE, ALL PRODUCTS, SERVICES, ADVICE, MERCHANDISE AND INFORMATION AVAILABLE TO MEMBERS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE ABOVE, NO WARRANTY OR GUARANTY IS GIVEN REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, CONTENT, DATA, SERVICE, ADVICE, SERVICE, PRODUCT OR MERCHANDISE PROVIDED OR AVAILABLE TO, OR PURCHASED BY MEMBERS THROUGH THE BENEFITS WEBSITE OR OTHERWISE THROUGH HIS OR HER MEMBERSHIP IN THE USWA SERVICE. Although USWA upon request by the member, will endeavor to intervene in conjunction with a member experiencing a problem or discrepancy with a Vendor, in the event any product or service purchased by a Member is canceled, modified, defective, or otherwise unsatisfactory to the Member, the Member will look solely to the provider, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim.

10. General Release. Each Member, for himself/herself, and on behalf of any person who uses the Benefits available through the USWA Service ("Membership Beneficiary"), hereby forever releases, acquits and discharges USWA from any and all liabilities, claims, demands, actions and causes of action that such Member or such Member's legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all Benefits available through the USWA Service. The sole recourse available to a Member, Membership Beneficiary or their legal representatives shall be the cancellation of the Membership.

11. Entire Agreement. The foregoing Terms of Service contain the entire terms and agreements in connection with Member's participation in the USWA Service and no representations, inducements, promises or agreement, or otherwise, between USWA and the Member not included herein, shall be of any force or effect. If any of the foregoing terms or provisions shall be invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby.

12. Binding Effect. The foregoing Terms of Service shall be binding upon and inure to the benefit of USWA and the Member as well as their respective successors and permitted assigns.